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10. PUBLIC ITEMS <br />10.A. PUBLIC HEARINGS <br />10.A.1. SHARK BAITING, CHUMMING AND FISHING (LEGISLATIVE) <br />PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE <br />OFFICE OF THE CLERK TO THE BOARD <br />County Attorney Alan S. Polackwich, Sr. reported that pursuant to direction by the Board <br />majority on June 15, 2010, he was presenting a draft Ordinance regulating shark fishing <br />activities occurring in close proximity to swimming activities. He explained that although he <br />had chosen the distance of 500 yards to define in "close proximity", the figure could be amended <br />should the Board desire. He thereafter presented staff's recommendation to proceed with the <br />Public Hearing to consider adoption of the Ordinance. <br />Responding to Chairman O'Bryan's query, Attorney Polackwich defined the terms <br />"shark fishing" and "remote County beach areas", as incorporated into the Ordinance. <br />Vice Chairman Solari asserted that the proposed Ordinance was too vague, and <br />inconsistent with the Void for Vagueness Doctrine, and the Rule of Law. <br />Commissioner Davis acknowledged that some citizens felt there was a need to regulate <br />shark fishing; however, he felt that the proposed Ordinance was too strong. He conveyed that he <br />would be willing to support an Ordinance addressing the practice of blood chumming <br />Commissioner Flescher emphasized that he was not opposed to shark fishing. However, <br />he was concerned about public safety and felt the draft Ordinance would prevent the County <br />from being promoted as a desirable spot for shoreline shark fishing. <br />12 <br />July 13, 2010 <br />